Another Apple-Samsung skirmish heads to court

Mar 30 2014, 11:46am CDT | by

SAN JOSE, Calif. (AP) — The fiercest rivalry in the world of smartphones is heading back to court this week in the heart of the Silicon Valley, with Apple and Samsung accusing each other, once again, of ripping off designs and features.

The trial will mark the latest round in a long-running series of lawsuits between the two tech giants that underscore a much larger concern about what is allowed to be patented.

"There's a widespread suspicion that lots of the kinds of software patents at issue are written in ways that cover more ground than what Apple or any other tech firm actually invented," Notre Dame law professor Mark McKenna said. "Overly broad patents allow companies to block competition."

The latest Apple-Samsung case will be tried less than two years after a federal jury found Samsung was infringing on Apple patents. Samsung was ordered to pay about $900 million but is appealing and has been allowed to continue selling products using the technology.

Now, jury selection is scheduled to begin Monday in another round of litigation, with Apple Inc. accusing Samsung of infringing on five patents on newer devices, including Galaxy smartphones and tablets. In a counterclaim, Samsung says Apple stole two of its ideas to use on iPhones and iPads.

"Apple revolutionized the market in personal computing devices," Apple attorneys wrote in court filings. "Samsung, in contrast, has systematically copied Apple's innovative technology and products, features and designs, and has deluged markets with infringing devices."

Samsung countered that it has broken technological barriers with its own ultra-slim, lightweight phones.

"Samsung has been a pioneer in the mobile device business sector since the inception of the mobile device industry," Samsung attorneys wrote. "Apple has copied many of Samsung's innovations in its Apple iPhone, iPod, and iPad products."

In the upcoming case, Apple claims Samsung stole a tap-from-search technology that allows someone searching for a telephone number or address on the web to tap on the results to call the number or put the address into a map. In addition, Apple says Samsung copied "Slide to Unlock," which allows users to swipe the face of their smartphone to use it.

Samsung countered that Apple is stealing a wireless technology system that speeds up sending and receiving data.

The most attention grabbing claim in the case is Apple's demand that Samsung pay a $40 royalty for each Samsung device running software allegedly conceived by Apple, more than five times more than the amount sought in the previous trial and well above other precedents between smartphone companies. If Apple prevails, the costs to Samsung could reach $2 billion. Apple's costs, if it lost, are expected to be about $6 million.

"You rarely get from the jury what you ask for, so companies aim high," said German patent analyst Florian Mueller. "But in my opinion this is so far above a reasonable level the judge should not have allowed it."

The problem, he said, is that each smartphone has thousands of patented ideas in it; Apple is challenging just five.

Throughout the three years of litigation, Samsung's market share has grown. One of every three smartphones sold last year was a Samsung, now the market leader. Apple, with a typically higher price, was second, with about 15 percent of the global market.

Apple claims the following Samsung products now infringe on Apple patents: Admire, Galaxy Nexus, Galaxy Note, Galaxy Note II, Galaxy SII, Galaxy SII Epic 4G Touch, Galaxy SII Skyrocket, Galaxy SIII, Galaxy Tab II 10.1, and Stratosphere.

Samsung claims the following Apple products infringe on Samsung patents: iPhone 4, iPhone 4S, iPhone 5, iPad 2, iPad 3, iPad 4, iPad mini, iPod touch (5th generation), iPod touch (4th generation), and MacBook Pro.

With the San Jose federal courtroom just a 15-minute drive from Apple's Cupertino headquarters, even jury selection can be difficult. In the previous case, several prospective jurors were dismissed because of their ties to the company.

___

Follow Martha Mendoza at https://twitter.com/mendozamartha

Source: AP Apple

 
 

Don't miss ...

 

<a href="/latest_stories/all/all/31" rel="author">Associated Press</a>
The Associated Press (AP) is one of the largest and most trusted sources of independent newsgathering, supplying a steady stream of news to its members, international subscribers and commercial customers.

 

blog comments powered by Disqus

Latest stories

Taiwan Depends On New Apple Models, Tablet Decline Shows
Taiwan Depends On New Apple Models, Tablet Decline Shows
In November Apple came out with its thin, light tablet the iPad Air, and a new iPad model is due in late 2014, tech media say. That leaves a year with nothing new from the Silicon Valley consumer tech icon. Some might...
 
 
Apple TV Is A Huge Cash Cow, Which Is Why Apple Is In No Rush To Make It Better
Apple TV Is A Huge Cash Cow, Which Is Why Apple Is In No Rush To Make It Better
There is one thing standing between Apple TV and being the number one media player, and that’s the enormous pile of money it’s making. According to the firm, Apple TV has now made $1 billion in media sales. These are...
 
 
Every iPhone Has A Security Backdoor. Apple Denies It Is A Threat
Every iPhone Has A Security Backdoor. Apple Denies It Is A Threat
iPhone and iPad users have long been able to laud the superior security of their devices over rivals. But it seems one crucial aspect has been forgotten: what if the hacker is Apple? Responding to an eye opening talk...
 
 
Apple posts monster Q3 profit on $37.43 in revenue, beats estimates
Apple posts monster Q3 profit on $37.43 in revenue, beats estimates
Apple’s stock has been soaring lately, up more than 24% over the past three months. Shares took off in late April when Apple announced a 7-for-1 split that would take place in early June, and the stock has kept...
 
 
 

Latest from the Network

Colombian president praises Rodriguez on Real move
Bogota (Colombia), July 23 (IANS) Colombia's President Juan Manuel Santos has congratulated national football star James Rodriguez on moving to Spanish club Real Madrid. "What pride James Rodriguez!" the president...
Read more on Sport Balla
 
Ukraine crisis: EU to impose new sanctions
Brussels, July 23 (IANS) The European Union (EU) has decided to impose new sanctions on people and entities over the on-going crisis in Ukraine. EU's Foreign Policy Chief Catherine Ashton in a meeting in Brussels...
Read more on Politics Balla
 
Shakhtar Donetsk win Ukraine's Super Cup
Kiev, July 23 (IANS) Two second-half goals have gifted league champions Shakhtar Donetsk a 2-0 victory over cup winners Dynamo Kiev in the Ukrainian Super Cup at Lviv. Ukrainian forward Olexander Gladkiy broke the...
Read more on Sport Balla
 
Mexican high school reinstates lesbian teacher
Mexico City, July 23 (IANS/EFE) Education authorities in the Mexican state of Morelos announced that a lesbian teacher will return to classes after accusations against made by parents of her students were dismissed....
Read more on Politics Balla
 
13 militants die in Pakistan airstrikes
Islamabad, July 23 (IANS) At least 13 militants were killed Wednesday during air strikes carried out in Pakistan's North Waziristan region. According to military officials, six militant hideouts were destroyed in the...
Read more on Politics Balla
 
Stoke City sign Bojan from Barcelona
London, July 23 (IANS) English Premier League club Stoke City has announced that the team has signed Spanish striker Bojan Krkic, known as simply "Bojan", from Barcelona. The 23-year-old Bojan, coming up through the...
Read more on Sport Balla
 
Cheryl Cole's mother approves of husband
Cheryl Cole's mother approves of her new husband. The 'Crazy Stupid Love' singer tied the knot with Jean-Bernard Fernandez-Versini in a secret ceremony earlier this month after less than three months of dating, but the...
Read more on Celebrity Balla
 
Katie Price regrets love tattoos
Katie Price regrets having tattoos of her exes' names. The glamour model is haunted by the body art she got while married to ex-husband Peter Andre and in a relationship with ex-fiancé Leandro Penna, but Katie admits...
Read more on Celebrity Balla
 
Emma Stone: Woody Allen keeps scripts 'under wraps'
Emma Stone says Woody Allen ''goes to great lengths'' to keep details of his scripts a secret. 'The Amazing Spider-Man 2' actress stars alongside Colin Firth in Allen's upcoming romantic comedy 'Magic in the Moonlight'...
Read more on Movie Balla
 
Six African teams for Nairobi World Hockey League
Nairobi, July 23 (IANS) Six teams have confirmed participation in the International Hockey Federation (FIH) World Hockey League Series in Nairobi from Sep 2-7. The competition will serve as a qualifier for the 2015...
Read more on Sport Balla